8 Feb 2007
NEWMARK CAPITAL CORPORATION LTD AND OTHERS v. COFFEE PARTNERS LTD AND ANOTHER
- Citation
- NEWMARK CAPITAL CORPORATION LTD AND OTHERS v. COFFEE PARTNERS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1271/2006
Defendants failed to discharge the burden of showing on a prima facie basis that Article 21.1 bound the plaintiffs: incorporation via SPA clause 6.4 was not established, expert evidence did not support that plaintiffs were members at time of alleged allotments because Series B shares did not exist until registration on 20 July 2005 and defendants' expert gave no process of reasoning, and estoppel was not shown because there was no specific detrimental reliance tied to arbitration; further, the pleaded claims (notably misrepresentation and repudiatory breach) did not prima facie fall within th…